Legal Question in Family Law in Illinois

Paying child support and can't see kids

During my divorce, my child support was constantly based on current paystubs. At the finalization(10/2001) child support was based on my 2000 W-2($35k from overtime)which came out to over a $1000/month. And I was given little visitation (3days max 3 times a year). My ex-wife's base salary is $36k. I told the judge my income was not the same for the year and filled the financial statement and provided current paystubs as requested($25k/year). The judge didn't bother to look at them and stated she made up her mind. She said she would reconsider after 1 year. I was then laid off and now am only making $22k. I cannot afford to hire an attorney nor bear the expense traveling back and forth for court. I pay what I can afford but my ex will still not allow me to speak with my children since I am behind in payments. She is now remarried and now cannot locate her at all. I have nothing but returned mail with the checks. What can I do to modify my support and visitation? Is what she's doing illegal? Can I request a different judge since I feel she was very partial towards my ex?


Asked on 8/27/03, 2:59 am

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Paying child support and can't see kids

No, she cannot do what she's doing - regardless of missed child support, you still have a right to visit according to the judge's order. SI would urge you get back into court to petition to modify the support - if you do not, you will continue to get behind in payments and it will build up to a huge debt that you will be paying for years to come. The law has percentages for child support that are based on your income. I do not understand how the judge came to a differing conclusion. You should really get a lawyer.

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Answered on 8/27/03, 8:37 am


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